The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

CHAPTER 2 Agricultural land and drainage cases relating to succession

Succession cases

41.—(1) This rule applies to an application made under section 39 or section 53 of the 1986 Act.

(2) In proceedings under section 39, an applicant who opposes or intends to oppose any other application under that section may include in their own notice of application, or in a separate response, the following additional information—

(a) the reasons why they oppose or intend to oppose that other application;

(b) a statement whether they dispute that applicant’s claim to be a designated applicant and, if so, why;

(c) a claim to be a more suitable applicant than any other and, if so, why;

(d) a statement whether or not the applicant has agreed with one or more other applicants or intending applicants to request the landlord’s consent to a direction entitling them to a joint tenancy of the holding or might be willing to do so.

(3) If the landlord does not respond to an application within the time allowed, the landlord is not entitled to dispute any matter alleged in the application but—

(a) in the case of an application under section 39 or section 53, the landlord is entitled to give the landlord’s views on the suitability of the applicant; and

(b) in the case of an application under section 39, the landlord may make an application under section 44 of the 1986 Act for consent to the operation of a notice to quit.

Procedure at hearing in case of multiple applicants where designation is claimed

42.—(1) In proceedings under section 39 of the 1986 Act, the Tribunal must (in such sequence as the Tribunal considers appropriate) at a hearing consider and determine the validity of each applicant’s claim, if any, to be a designated applicant, giving all other parties and all other applicants for succession the opportunity to be heard.

(2) If the Tribunal determines that any such claim is valid, the Tribunal must then hear that applicant’s application as if that applicant were the only applicant and, if the Tribunal determines that the applicant is a suitable person to become the tenant of the holding, the Tribunal must dismiss all other applications under section 39 of the 1986 Act in respect of the same holding.

(3) If the Tribunal determines that the designated applicant is not a suitable person to become a tenant of the holding, the Tribunal must dismiss the application.

Multiple applications under the 1986 Act where there is no designated applicant

43.—(1) The Tribunal must, subject to any direction by the Tribunal to the contrary, consider any issue of eligibility or suitability by applying the 1986 Act in the following sequence—

(a) any question arising under section 41(3) of the 1986 Act (treatment as eligible person);

(b) any question of eligibility under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;

(c) any question of suitability under section 39(2) of the 1986 Act, as applied by section 39(3) of that Act;

(d) any exercise of discretion under section 39(9) of the 1986 Act (direction for joint tenancy);

(e) any question of relative suitability under section 39(6) of the 1986 Act;

(f) any question arising under section 39(10) of the 1986 Act (tenancy of part of holding);

(g) any question arising under section 44 of the 1986 Act (consent to operation of notice to quit).

(2) Before giving a direction under section 39(9) of the 1986 Act, the Tribunal must—

(a) ask the landlord if the landlord consents to the giving of a direction; and

(b) consider any representations made by other suitable applicants.

(3) The landlord will be deemed not to consent to the giving of a direction under section 39(9) of the 1986 Act if the landlord does not respond to the Tribunal within the period specified by the Tribunal.

(4) Before giving a direction under section 39(10) of the 1986 Act, the Tribunal must ask each applicant whether that applicant agrees to such a direction being given.